Democrats Fail To Make Judge Choice

April 04, 1989|By DOUGLAS ASHLEY Staff Writer

NEWPORT NEWS — The city's Democratic state lawmakers were unable to agree Monday on a candidate for a vacant General District judgeship, casting doubt that they will be able to pick a new judge at a special session of the General Assembly called for Wednesday.

"It's getting kind of tight because of logistics," said Sen. Robert Scott, D-Newport News. "I think we've agreed it's not worth taking up if we can't agree on a candidate."

The lack of agreement by the lawmakers has prompted one black minister to denounce the delay and threaten political reprisal.

The Rev. Marcellus Harris, pastor of First Baptist Church-Morrison, confirmed he might run as an independent against Del. Alan Diamonstein, D-Newport News, if the lawmaker fails to back judge candidate Aundria D. Foster.

"I'm watching this very, very closely," said Harris, charging that Diamonstein "is playing politics" with the judicial vacancy and angering Harris and others in the black community.

Foster, one of several judge candidates suggested by local bar groups, would be the first black and first woman judge in Newport News if she wins appointment. She also would be Virginia's first black woman judge, according to lawmakers.

Diamonstein said he was not surprised by Harris' possible candidacy, that Harris has been mentioned as a possible political candidate before.

The General District Court vacancy was created when state lawmakers in February appointed Judge Robert Curran to the city's Circuit Court to replace retiring Judge Fred Bateman.

Curran is scheduled to take his new post Friday.

Scott said he, Diamonstein and Del. Henry Maxwell had planned to choose Curran's replacement Wednesday, when the legislature gathers for its annual one-day veto session.

But that plan ran into trouble when, first, a state judicial panel failed last month to certify that the vacancy exists - a technical but crucial requirement - and then the local lawmakers were unable to agree on one candidate.

If the lawmakers are unable to overcome those hurdles by Wednesday, the choice will fall to the city's three Circuit judges.

To be able to act on judicial appointments, the legislature must be called into a special session by the governor.

A spokesman for Gov. Gerald Baliles said Monday that Baliles would call the Assembly into special session Wednesday "for the purpose of electing judges." Without the special session being designated, lawmakers would be limited Wednesday to acting on legislation being returned by the governor.

Also mentioned as active candidates are attorneys Joan T. Beale and David Pugh.

Scott and Diamonstein said Monday that in their efforts to reach agreement, they were not limiting their consideration to those already mentioned as candidates.

"Some names that have not been mentioned in the press are now being considered," Scott said.

Even if the lawmakers can agree, however, they will still have to convince the state's Committee on District Courts to certify that the Newport News judicial post needs filling.

That could prove a problem.

The committee is not scheduled to meet until April 28, and its chairman - Hampton Circuit Judge John Gray - has indicated he has no plans so far to call a meeting before Wednesday's session of the General Assembly.

Scott had requested that the committee meet to certify the vacancy.

"I spoke with the chairman and asked if he wanted me to commence such an effort, and he indicated that he didn't at this time," said Robert Baldwin, executive secretary of the Virginia Supreme Court and an ex-officio member of the committee.